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Bengal Presidency - Section

Section 79 in Calcutta Improvement Act, 1911

79. Recovery of money payable in pursuance of sections 78, 78B, 78C or 78G. - [All money payable in respect of any land by any person under an agreement executed in pursuance of sub-section (4) of section 78, or by any person in respect of a betterment fee under section 78B or section 78C, or by any person under an agreement executed in pursuance of section 78G, sub-section (1), shall be recoverable by the Board together with interest], [due, up to the date of realization, which shall, in the case of betterment fees under section 78B or section 78C, be) at the rate of Words substituted by W. B. Act 42 of 1983. [ten per cent, per annum], from the said person or his successor in interest in such land, in the manner provided by [the Calcutta Municipal Act, 1951], for the recovery of the consolidated rate;

and, if not so recovered, the Chairman may, after giving public notice of his intention to do so, and not less than one month after the publication of such notice, sell the interest of the said person or successor in such land by public auction, and may deduct the said money and the expenses of the sale from the proceeds of the sale, and shall pay the balance (if any) to the defaulter.[79A. Board to appoint persons for enforcement of processes for recovery of dues]. - The Board may direct by what authority any powers or duties incident under [the Calcutta Municipal Act, 1951], to the enforcement of any process for the recovery of the consolidated rate shall be exercised and performed when that process is employed under section 79.[Acquisition on fresh declaration.][80. Agreement or payment not to Bar Acquisition under a fresh declaration]. - If any land, in respect of which an agreement has been executed or a payment has been accepted in pursuance of sub-section (4) of section 78, or in respect of which the payment of a betterment fee has been accepted in pursuance of sub-section (3) of section 78B, or has been made after its determination under section 78C, or in respect of which an agreement for such payment has been executed under section 78G, be subsequently required for any of the purposes of this Act, the agreement or payment shall not be deemed to prevent the acquisition of the land in pursuance of a fresh declaration published under section 6 of the Land Acquisition Act, 1894.Disposal of Land.